In re the Arbitration between Pickman Brokerage & Benova

Judgment, Supreme Court, New York County (Burton S. Sherman, J.), entered March 18, 1991, which, in a proceeding to vacate an arbitration award, granted respondent’s cross motion to dismiss the petition for lack of jurisdiction, unanimously affirmed, with costs.

We agree with the IAS court that the individual who allegedly accepted service on respondent’s behalf, a building porter, not in respondent’s employ, was neither a person of suitable age and discretion within the meaning of CPLR 308 (2) (1 Weinstein-Korn-Miller, NY Civ Prac ¶ 308.13), nor authorized to receive service (General…